Wyoming Divorce Law    Residency Requirements for Divorce in Wyoming
Residency Requirements for Divorce in Wyoming

1. The spouse filing for divorce must have been a resident of Wyoming for 60 days immediately prior to filing or
2. the marriage must have been performed in Wyoming and the spouse filing must have resided in Wyoming from the time of the marriage until the time of the filing. The divorce may be filed for in the county where either spouse lives. There is a waiting period of 20 days after filing before a divorce will be granted

Legal Grounds for Divorce in Wyoming

1. No Fault Divorce: Irreconcilable differences
2. General Divorce: Confinement for incurable insanity for 2 years

Legal Separation in Wyoming
The grounds for legal separation are the same as for divorce. The spouse filing for legal separation must have been a resident of Wyoming for 60 days immediately prior to filing or the marriage must have been performed in Wyoming and the spouse filing must have resided in Wyoming from the time of the marriage until the time of the filing. The legal separation may be filed for in the county where either spouse lives.

Simplified/Special Divorce Procedures in Wyoming
A sample Complaint for Divorce form is contained in Wyoming Rules of Civil Procedure, Appendix of Forms, Form #15. Financial Affidavits are required to be filed by both parents if child support is an issue in the case.

Divorce Mediation in Wyoming
There are no mediation or counseling requirements in Wyoming.

Divorce Property Distribution
Wyoming is an "equitable distribution" state. All of the spouse's property will be divided in an equitable manner, including property acquired prior to the marriage, gifts, and inheritances, based on a consideration of the following factors:

1. the economic circumstances of each spouse at the time the division of property is to become effective
2. how and by whom the property was acquired
3. the merits of each spouse
4. the burdens imposed upon either spouse for the benefit of the children or the spouses
5. any other factor necessary to do equity and justice between the spouses

Alimony and Spousal Support
Either spouse may be awarded alimony in the form of a specific sum or property after consideration of the other's ability to pay. Real estate or profits from real estate may be ordered transferred to the other spouse for alimony for life. Marital fault is not a factor. No other factors are specified in the statute.

Spouse's Name After Divorce
There is no statutory provision in Wyoming for the restoration of a wife's name upon divorce. However, there is a general statutory provision for name change upon petitioning the court.

Child Custody After Divorce
Child custody may include joint, sole, or shared custody, as long as it is in the best interests of the child. Child custody will be awarded according to what appears to be most expedient and beneficial for the well-being of the child. The sex of the parent is not to be considered. Other factors to be considered are:

1. the quality of the relationship of the child with each parent
2. the ability of each parent to provide adequate care for each child and to relinquish care to the other parent as specified
3. how the child and each parent can best maintain and strengthen their relationships
4. how the child and each parent interact and communicate and how such may be improved
5. the ability and willingness of each parent to allow the other to provide care without intrusion
6. the geographic distances between the parents' homes
7. the current physical and mental ability of each parent to care for the child
8. any other necessary or relevant factors

If both parents are considered fit, the court may order any custody arrangement that encourages the parents to share in the rights and responsibilities of child-rearing.

Child Support After Divorce
Either parent may be ordered to pay child support. A trustee may be appointed to invest the support payments and apply the income to the support of the children. Child support payments shall be ordered to be paid through the clerk of the district court. A court may order income withholding to guarantee any child support payments. There are official Child Support Guidelines. These guidelines are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances in a case. Deviation from the guidelines will be allowed after a consideration of the following factors:

1. the age of the child
2. the cost of necessary childcare
3. any special health care or educational needs of the child
4. the responsibility of either parent for the support of others
5. the value of services contributed by either parent
6. any pregnancy expenses
7. visitation transportation costs
8. the ability of parents to provide health insurance through employment benefits
9. the amount of time the child spends with each parent
10. other necessary expenses for the child's benefit
11. the relative net income and financial condition of each parent
12. whether a parent has violated any terms of the divorce decree
13. whether either parent is voluntarily unemployed or underemployed
14. any other relevant factors

 
Resource Article:
 
 Child Custody Agreement and Taxes
By Jean Mahserjian


State law on child custody does not dictate who gets the tax deductions. If your child custody agreement is entirely silent on this issue, the parent with primary residential or sole custody will have all of the tax benefits available through the children. That party will be able to claim the children as deductions, and so forth. This can be a significant issue. There are parents who simply assume that if they are paying thousands of dollars per year in support, they will be able to take the children as deductions. Not so. This is incredibly important when you consider that all child support payments are not tax deductible to the payer and they are not taxable to the recipient parent.

Thus, when negotiating your child custody agreement, you must address the issue of how custody will be structured and who will receive the tax benefits. This negotiation should be a part of an overall financial scheme that encompasses a consideration of all issues, including child custody, child support, property, alimony, and tax impact.

The ability to claim head of household instead of married filing separate or even filing single can be incredibly important to your overall tax scheme. You can claim head of household if you have your children for more than 50% of the time. Thus, a head of household tax filing should be a part of the overall negating outline in a divorce or separation situation. A child custody agreement that is silent on this issue is really not a well negotiated or written agreement.

Your child custody agreement can address this issue in a number of ways. If your child custody agreement provides for joint shared custody, it must state who has the children for 50% of the time. If you have two children, you can divide that up so that each parent has the possibility of filing for head of household. If you simply have joint custody and one parent has residential custody, you can still provide a head of household deduction to the other parent by wording the agreement in a way that allows for that filing.

There are other tax benefits available to parents that have to be considered when negotiating a child custody agreement. Many or most of those tax benefits are variable depending upon your income level ad whether or not you can claim the child or children as deductions. If you are really thinking through your child custody agreement, you will negotiate all of these benefits. The objective should be to maximize all available benefits for both parties, thereby providing an overall highly advantageous tax impact for your child custody agreement.
 
 

Divorce Terms:

Separate Property. Property is not considered part of the marital estate. Usually occurring in community property states, it includes property brought into the marriage and also may include inheritance or gifts received during the marriage.

Separate Support. See Legal Separation

Separation. See Legal Separation

Separation Agreement. See Agreement

Service; Service of Process. The legal process of informing, i.e., giving notice, that a complaint or motion is pending.

The process described is a noun meaning certain pleadings served or to be served. Process is served personally (personal service) either in-hand or accepted by an adult at the recipients residence or place of business. If the defendant cannot be located, service is by publication in the local newspaper where he last lived. Check with your attorney as rules vary from state to state.

Settlement; Settlement Agreement. See Agreement; Separation Agreement; Property Settlement Agreement; Marital Agreement

Shared Custody. See Custody

Sole Custody. See Custody

Disclaimer:
This website is not intended to give legal advice or service.
It is an informational website and should only be used as such.
For legal issues seek a competent legal counsel or advisor. A man that represents himself has a fool for a client.



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